Author Archives: Virginia Lawyers Weekly

Where defendant was declared an habitual offender, a judge purported to dismiss the habitual offender order five years later for lack of further proceedings, defendant’s driver’s license was reinstated upon his petition without the judge’s or DMV’s knowledge of the ...

Where defendant had been convicted but not sentenced in a prior trial and the prior conviction was admitted into evidence at a later trial for impeachment purposes only after the defendant himself introduced the prior conviction, defendant waived his right ...

Where wife’s counsel gave proper notice of presentation of final divorce decree, husband’s counsel did not show up, and husband later objected to the classification of property and resulting monetary award, husband had failed to preserve the issue for appeal. ...

Where employer asked a cashier to drive to another city to pick up paychecks in the cashier’s personal car, and a loud explosion occurred in cashier’s car while she drove through a tunnel, then hot water spewed into the car ...

Where employer removed claimant, a sales representative, from special account designation after claimant missed work for several months, and claimant was later diagnosed with post-traumatic stress disorder, the commission properly ruled that such disorder was not compensable. Claimant worked as ...

Where claimant sustained a compensable injury to his back, returned to light-duty work, then injured his back again when lifting a weed-eater, the commission properly found a change in condition justifying additional benefits, rather than a new injury. Claimant sustained ...

Where claimant wrote on an employment application that she had never experienced fainting or dizzy spells, then fainted three months after hired and injured her head, and claimant’s medical records indicate substantial prior treatment for vertigo, syncope, and dizzy spells ...

Where claimant alleged that he injured his back in a specific incident and his version was corroborated by two co-workers, but employer argued that there should be no compensation because claimant allegedly answered an insurance adjuster’s question in a recorded ...

Where claimant suffered cervical pain and stiffness after an automobile accident, then allegedly had an industrial accident causing injury to his neck, the medical evidence supported the commission’s finding that the symptoms were caused by the automobile accident, not claimant’s ...

Where claimant became intoxicated at a restaurant during and after a company dinner, lost consciousness, and awoke the next day in another employee’s car with a skull fracture, the evidence supported the denial of benefits because claimant became intoxicated voluntarily ...